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Seal of the City and County of San Francisco
City and County of San Francisco
May 25, 2005PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO

Notice of Hearing on Application
For Zoning Variance

CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place

Wednesday, May 25, 2005

Session Begins at 9:30 A.M.

Public Hearing

Lawrence Badiner, Zoning Administrator

Marge Gambelin, Recording Secretary

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as described below has been filed with the Zoning Administrator.

Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.

Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.

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ZONING ADMINISTRATOR

NOTICE OF HEARING ON

APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, May 25, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(ELAINE TOPE)

1. 2005.0053V: 2618-2622 GOUGH STREET, east side between Green and Union Streets. Lot 011 in Assessor's Block 0545, in an RM-2 (Residential, Mixed-Moderate Density) District and a 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The subject building is a three-story-over-garage, three-unit building, with a two-story-on-posts, 10-foot by 13 foot, rear extension. The proposal is a 10-foot by 13 foot third floor addition to the top of the rear extension. The project also includes the partial enclosure of the ground floor of the existing rear extension.

          Section 134 of the Planning Code requires that the rear yard in an RM-2 District shall be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, not less than 25 percent of the total lot depth or 15 feet, whichever is greater. When using the averaging method, the last 10 feet of the building depth thus permitted on the subject lot, is restricted to a height of 30 feet. Using the averaging method for the proposed project, the required rear yard depth for the 110-foot deep subject lot, is 34 feet. The rearmost 7 feet of the proposed third story addition would exceed the 30-foot height requirement by approximately 7 feet.

(SARA VELLVE)

2. 2004.1312V: 2642 and 2644 HYDE STREET, east side between Bay and North Point Streets; Lot 017 in Assessor's Block 0027 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.

          REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to rebuild an existing second-floor balcony within the required rear yard of the existing two-family structure that was originally constructed without a permit. The balcony would be approximately 12 feet wide, three feet deep, and set back from each side property line by approximately five feet. The balcony would be cantilevered over the rear yard.

          Section 134 of the Planning Code requires a minimum rear yard depth of approximately 22 feet for the subject property, measured from the rear property line. The proposed balcony would extend to within approximately seven feet of the rear property line and encroach into the required rear yard.

          Section 188 of the Planning Code prohibits the reconstruction of a noncomplying structure once it is demolished. Because the existing structure and balcony encroach into the required rear yard, they are considered to be legal and noncomplying. Therefore, the balcony reconstruction as proposed would be contrary to Section 188.

(MAX PUTRA)

3. 2005.0032V: 1043-1045 FRANCISCO STREET, south side between Larkin and Polk Streets, Lot 020 in Assessor's Block 477 in an RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District.

          REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a one-story horizontal addition over the existing first floor at the rear of a two-story over basement, two-family dwelling. The proposal would also expand the existing two-car garage structure located in the rear yard.

          Section 134 of the Planning Code requires a minimum rear yard depth of 62 feet (45 percent of lot depth) for the subject property, measured from the rear property line. The rearmost 4 feet of the proposed one-story horizontal addition would extend to within 56 feet of the rear property line, without the five-foot side yards required by Section 136 of the Planning Code. The horizontal addition would extend to the western property line and to within 4 feet 4 inches of the eastern property line. The proposed one-car garage structure would be located entirely within the required rear yard.

          Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the rear portion of the existing building at the first floor, and the existing two-car garage structure are already located in the required rear yard, they are considered legal non-complying structures.

          The proposed one-story horizontal addition at the second floor and the expansion of the garage structure would be contrary to Sections 134 and 188.

(MARY WOODS)

4. 2005.0004V: 620 EL CAMINO DEL MAR, north side between McLaren and Sea Cliff Avenues; Lot 1T in Assessor's Block 1307, in an RH-1D (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

          FRONT SETBACK AND SIDE YARD SETBACK VARIANCES SOUGHT: The proposal is to 1) construct a new one-story, single car garage (approximately 12 wide by 26 feet deep) that is partially in the front setback and required side yard; 2) construct a new outdoor fireplace structure with a chimney height of approximately 10 feet located in the required front setback; 3) replace an existing 6- to 8-foot solid fence with a new 6- to 8-foot solid fence at the front property line and within the required front setback, and 4) construct a new deck at the first floor level that is partially in the required side yard setback.

          Section 132 of the Planning Code requires that the front setback be equal to the average of the two adjacent properties or 15 feet, whichever is less. In this case, the required front setback would be 15 feet. The existing front setback is 16 feet. Both items 1 and 2 as described above would require front setback variances as follows: the proposed one-story garage would encroach into the front setback by approximately 2 to 3 feet due to the curving in the street frontage, and the proposed new outdoor fireplace would be located within the required front setback, at the front property line.

          Section 132(f) of the Planning Code states that only those obstructions specified in Section 136 of the Code shall be permitted in a required front setback area. Section 136(c)(16) of the Planning Code states that, within front setback areas, decorative railings and decorative grille work, other than wire mesh, shall be at least 75 percent open to perpendicular view and no more than six feet in height above grade. The height of the new solid fence (item 3 as described above) ranges in height from approximately 6 to 8 feet as the sidewalk down slopes eastward toward Sea Cliff Avenue.

          Section 133 of the Planning Code requires that two side yards each of four feet be provided for lots with a width of 40 feet or more but less than 50 feet. In this case, the required side yards would be 4 feet on each side. Both the proposed new garage (item 1) and the new first floor deck (item 4) would encroach one foot into the eastern side yard.

(DAN SIROIS)

5. 2004.1294V: 26-28 ROOSEVELT WAY, south side between, 14th Street and Buena Vista Terrace, Lot 065, Assessor's Block 2612, located in an RH-2 (Residential, Two-Family) District and in a 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The proposal is to construct two three by seven-foot balconies at the second level at the rear, spiral stairs connecting the second level to the rear yard, an approximately 9-foot by 18 foot deck off the first floor, and firewall along the east property line.

          Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 Districts. The existing building currently encroaches within the required rear yard by 15 feet. The proposed balconies, deck, stairs and firewall require a variance because they encroach an additional 9-feet, at the greatest depth, into the required rear yard.

          Planning Code Section 188 limits the expansion of non-complying structures. Because the existing building already encroaches into the required rear yard and is non-complying, an exception to Section 188 is also required as part of this variance.

(TOM WANG)

6. 2004.1107V: 634 30th STREET, north side of a cul-de-sac between Beacon and Castro Streets; Lot 023 in Assessor's Block 7537 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

        FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a one-story addition, including a garage and a storage room, to the front of the existing three-story, single-family dwelling. The existing garage would be converted to a home office.

        Section 132(a) of the Planning Code requires a front setback of 15 feet, measured from the front property line, for the subject lot. The proposed one-story addition would extend to the front property line, encroaching 15 feet into the required front setback.

(MICHAEL SMITH)

7. 2005.0050V: 238 - 28TH STREET, north side between Church and Sanchez Streets; Lot 011 in Assessor's Block 6601 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        REAR YARD VARIANCE: The proposal is to replace the deck/stairs at the rear of the building. The existing deck measures approximately 16' in width, 8'-6" in depth, and 5' in height above grade. The new deck would measure approximately 15' in width, 6'-6" in depth, and 7' in height above grade with an 8' high solid firewall along the west side property line.

        Section 134 of the Planning Code requires a minimum rear yard of approximately 25'-0", measured between the two buildings on the lot. The proposed deck addition would encroach approximately 1'-0" into the required rear yard.

        Section 188 of the Planning Code prohibits the voluntary replacement of a noncomplying structure. Because the existing deck already encroaches approximately 3' into the required rear yard, it is considered a legal noncomplying structure. Therefore its replacement as proposed would be contrary to Section 188.

(TINA TAM)

8. 2005.0048V: 6 and 8 BEAVER STREET, north side, between Noe and Castro Streets; Lot 55 in Assessor's Block 3561 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to demolish a portion of the two-story, two-unit dwelling, including the rear stairs and deck and construct a new two-story rear horizontal extension. The proposal also includes construction of a new third story vertical addition. The new third story vertical addition will be approximately 483 square feet in size and setback more than 24 feet from the front building wall. The new two-story horizontal extension and third story vertical addition will be constructed to the rear property line and will also include spiral stairs, two stories in height.

        Section 134 of the Planning Code requires a minimum rear yard of 15 feet. A portion of the proposed extension would extend to zero feet of the rear property line, encroaching 15 feet into the required rear yard.

        Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure. The subject building is considered a legal noncomplying structure because a portion of the existing building already encroaches into the required rear yard. Therefore, the proposed reconfiguration and expansion of the noncomplying rear extension and stairs would be contrary to Section 188 and would require a Variance.

(TINA TAM)

9. 2004.1347V: 20 SADOWA STREET, north side, between San Jose and Plymouth Avenues; Lot 6A in Assessor's Block 7112 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

        PARKING VARIANCE SOUGHT: The proposal is to legalize a previously existing illegal in-law unit on the ground floor of an existing one-family dwelling without providing the required off-street parking space. The proposal will result in the total of two dwelling units on the property. Other than to remove the existing two-story rear horizontal extension, constructed without the benefit of permits, there will be no change to the footprint and envelop of the existing building.

        Section 151 of the Planning Code requires a one independently accessible parking space per dwelling unit. There is currently one off-street parking space on the property. The proposal will result in the deficiency of one off-street parking space.

(ADAM LIGHT)

10. 2005.0139V: 722 MONTGOMERY STREET, east side between Washington and Jackson Streets; The Belli Building, San Francisco Landmark No. 9, Lot 26 in Assessor's Block 196 in a C-2 (Community Business) District, the Washington-Broadway Special Use District, the Jackson Square Historic District, and a 65-A Height and Bulk District

        REAR YARD, OPEN SPACE, DWELLING UNIT EXPOSURE, AND PARKING VARIANCES: The proposal is to convert the original office use to approximately 18 dwelling units with ground level retail fronting on Montgomery Street. No expansion of the original building envelope is planned beyond what was approved by Certificate of Appropriateness No. 1998.0038A.

        Planning Code Section 134 requires a rear yard equaling 25% of the lot depth. The subject lot is 127 feet deep, resulting in a required rear yard of approximately 32 feet. The original building envelope occupies the entire lot; therefore a rear yard variance of approximately 32 feet is requested.

        Planning Code Section 135 requires 36 square feet of private open space for each dwelling unit, or 48 square feet of common open space for each dwelling unit. While a central courtyard would provide approximately 450 square-feet of common open space it would not meet the requirements for common open space, either in total square footage required (862 square feet, Section 135(d)), or the vertical to horizontal dimension ratio (Section 135(g)(2)).

        Planning Code Section 140 requires that each unit have one major room that faces either a public street measuring at least 25 feet in width, a code complying rear yard, or an interior court that measures 25 feet in every horizontal dimension increasing by five feet at each successive level above the second floor. Six units will face onto Hotaling Place, that measures only 20 feet in width, and eight units will face onto the interior courtyard that will measure 16 feet by 27 feet. Therefore a dwelling unit exposure variance is requested for 14 of the proposed 18 units.

      Planning Code Section 151 requires that there be one parking space for each new unit constructed in a C-2 District as well as the Washington Broadway Special Use District. Therefore, 18 parking spaces are required for the proposed project, which contains 18 units. Because the subject building is a San Francisco Landmark, an automobile entrance on either the Montgomery Street or Hotaling Street facades would not be compatible with the historic character of the building or the neighborhood. Therefore an 18-space parking variance is requested.

(JON PURVIS)

11. 2004.1272V: 600 KANSAS STREET, west side south at 18th Street; Lot 001 in Assessor's Block 4029; in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

        REAR YARD & PARKING VARIANCES SOUGHT: The proposal is to subdivide a 5,000 square-foot lot into two lots, with an existing single-family dwelling on one 2,950 square-foot-lot fronting solely on 18th Street and a proposed new two-family dwelling to be built at the corner on a 2,050 square-foot lot. The rear yard for the existing building would be provided within a 15-foot setback on the east side (between the existing and proposed buildings) and no off-street parking would be proposed for this lot. No variances are sought for the new two-unit building proposed at the corner.

        Section 134 of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot in the RH-2 District, subject to reduction based on the average depth of the rear building walls of the of the two adjacent buildings, but to no less than 25 percent of the lot depth or 15 feet, whichever is greater. For the subject building, a 15-foot open area would be provided along the side of the building in lieu of a rear yard.

        Section 151 of the Planning Code requires one off-street parking space be provided for every dwelling unit. The existing single-family dwelling provides one space. The proposal would convert this to a two-family dwelling and would provide no off-street parking.

          (BEN FU)

    12. 2004.1343V: 519 ARKANSAS STREET, east side, between 20th and 22nd Streets; Lot 056 in Assessor's Block 4099, in a RH-2 (Residential, Three-Family) District with a 40-X Height and Bulk Designation.

        REAR YARD VARIANCE SOUGHT: The proposal is to legalize a rear stair and deck constructed without building permit that encroach into the required rear yard, on an existing two-story, single-family dwelling.

        Planning Code Section 134(a)(2) requires all lots in a RH-2 District to have a basic minimum rear yard depth equal to 45 percent of the total depth of the lot on which the building is situated. Rear yards may be reduced to the average of the extensions of the two adjacent rear walls, as long as it is no less than 25 percent of the lot depth, or 15'-0", whichever is greater. The required rear yard for the subject lot is approximately 19'-0". An existing approximately 16'-0" deep rear stair and deck were constructed without permit and intrude approximately 14'-0" into the required rear yard, leaving a rear yard of approximately 5'-0", or 6 percent of the lot depth.

(MAX PUTRA)

13. 2005.0024V: 280 CHARTER OAK AVENUE, west side between Augusta Street and Silver Avenue, Lots 15 and 16 in Assessor's Block 5392 in an RH-1 (Residential, Single-Family) District and a 40-X Height and Bulk District.

        REAR YARD, FRONT YARD AND MINIMUM LOT AREA VARIANCES SOUGHT: The proposal is to reduce rear yard requirement of a new three-story, single-family dwelling, and construct the six-foot high wall fence along the west side front property line on Charter Oak Avenue. The proposal would involve a lot subdivision and configuration of lots 15 and 16, and demolition of an existing detached two-car garage structure currently located at the rearmost portion of the property on lot 16. The proposed lot subdivision would result in a substandard lot area and an irregular lot size on the newly created lot 15.

        Section 121 of the Planning Code requires a lot area of 1,750 square feet for a lot area having its street frontage entirely within 125 feet of the intersection of two streets that intersect an angle of no more than 135 degrees. The proposed easterly lot 15 is approximately 1,736 square feet and within 125 feet of the intersection of Silver and Charter Oak Avenues and is deficient in lot area.

        Section 134 of the Planning Code requires a minimum rear yard depth in an RH-1 district to be equal to 25 percent of the lot depth or 15 feet whichever is greater. This code section requires a minimum of 15 feet rear yard depth measured from the rear property line. The proposed new construction of the one-story study room would be entirely located within 15 feet from the rear property line.

        Section 132 of the Planning Code requires an unobstructed front setback area of approximately 2 feet 6 inches for the subject property measured from the front property line. Section 136 of the Planning Code allows solid fences no more than three feet in height or open railings no more than six feet in height above grade on front property line.

        The proposed three-story, single-family dwelling, six-foot wall fence and lot area would be contrary to Sections134, 132 and 121.

(MAX PUTRA)

14. 2005.0300V: 1675-1677 SILVER AVENUE, west side between Bayshore Boulevard and Charter Oak Avenue, Lots 15 and 16 in Assessor's Block 5392 in an RH-1 (Residential, Single-Family) District and a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to reduce rear yard requirement of an existing two-story, two-family and a commercial use building. The proposal would involve lot subdivision and reconfiguration of lots 15 and 16, and demolition of an existing detached two-car garage structure located at the rearmost portion of the currently existing lot 16.

        Section 134 of the Planning Code requires a minimum rear yard depth of 21.17 feet measured from the rear property line. After the subdivision, the existing two-story, two-family dwelling and a commercial use building would be located within 15 feet from the new rear property line. Therefore, the proposal would be contrary to Section 134.

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Zoning Administrator for up to three minutes.

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:

(1) respond to statements made or questions posed by members of the public; or

(2) request staff to report back on a matter at a subsequent meeting; or

(3) direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment

Last updated: 11/17/2009 10:00:42 PM